Maya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52099 of 2024 Arising Out of PS. Case No.-283 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Maya Devi, Wife Of Jay Narayan Gupta, Village - Babhnauli, P.S. - Aason, District - Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in connection with Siwan Excise P.S. Case No. 283 of 2024 for the offence registered under Sections 30 (A) of the Bihar Prohibition & Excise (Amendment) Act, 2022.

3. As per the prosecution case, during patrolling duty the police seized 5.4 litres of Indian made foreign liquor from a motorcycle which is registered in the name of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the seized motorcycle was driven by the co-accused Rupesh Gupta and the petitioner has no concern with the alleged recovery in question, except that the

Patna High Court CR. MISC. No.52099 of 2024(2) dt.21-08-2024 2/2 petitioner is the owner of the motorcycle there is no material against the petitioner. Petitioner is a lady having no criminal antecedent and she undertakes to cooperate in the investigation and trial of this case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Siwan Excise P.S. Case No. 283 of 2024, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T